Newport Beach City Council
January 27, 2026

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, REPEALING CITY
COUNCIL RESOLUTION 2025-71
WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("City Charter") states that the provisions of the Elections Code of the State of California ("Elections Code"), as the same now exist or hereafter may be amended, which governs initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as such provisions of the Elections Code are not in conflict with the provisions of the Charter;

WHEREAS,
on October 28, 2025, City Council adopted Resolution No. 2025-71, titled "A Resolution of The City Council of the City of Newport Beach, California, Approving a General Plan Amendment for the Surf Park Project located at 3100 Irvine Avenue (PA2024-0069)";
WHEREAS, on October 31, 2025, the proponents of the referendum requested an impartial summary of the referendum pursuant to Elections Code Section 9238 (b)(2)(B) ("Referendum");
WHEREAS, on November 4, 2025, pursuant to Elections Code Section 9238 (b)(2)(B),
the City Attorney prepared a summary of the Referendum with the following title: "City of Newport Beach City Attorney's Impartial Summary of the Referendum of Resolution No. 2025-71 Approving a General Plan Amendment for the Snug Harbor Project Located at 3100 Irvine Avenue, Newport Beach, California"; WHEREAS, on December 4, 2025, the proponents of the referendum submitted petitions for filing with the City Clerk;
WHEREAS, on December 5, 2025, after the City Clerk performed a prima facie review and determined the number of signatures was more than the minimum number of signatures required, the City Clerk accepted the petition of filing and forwarded the petitions to the Orange County Registrar of Voters to ascertain whether or not the petitions were signed by the requisite number of voters;
WHEREAS, on January 27, 2026, certification was presented to the City Council that not less than ten percent of the registered voters of the City signed the petition for the Referendum;
WHEREAS, pursuant to Elections Code Section 9241, if a referendum petition is signed by not less than ten percent of the registered voters of a city, that city shall either adopt the proposed petition or submit the petition to the voters at a special election or the Attachment C
Resolution No. 2026-

nextregularelectionoccurringnotlessthan 88 days afterthe date of the order of election; and
WHEREAS, the City Council desires to repeal Resolution No. 2025-71.

NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve,declare, determine and order as follows:

The CityCouncil does hereby repeal Resolution No. 2025-71, whichSection 1:
shall have no further force or effect.

Section 2: The recitalsprovided in thisresolutionare true and correct and are incorporatedintothe operativepartofthisresolution.

Section 3: If any section, subsection, sentence, clause or phrase of this resolutionis,forany reason, held to be invalidor unconstitutional,such decision shallnot affectthe validityor constitutionalityofthe remaining portionsof thisresolution.The City Council hereby declares that itwould have passed thisresolution, and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4: The CityCouncil findsthe adoption of thisresolutionisnot subject to the CaliforniaEnvironmental QualityAct (“CEQA”) pursuant to Public Resources Code Section 21080(b)(1) pursuant to Section15060(c)(3) (the activityis not a project as defined in Section 15378), and 15060(c)(2) (the activitywill not result in a direct or reasonably foreseeable indirectphysicalchange in the environment) of the CEQA Guidelines,CaliforniaCode of Regulations,Title14, Division6, Chapter 3.

The City Clerk shall certifythe passage and adoption of this resolutionand enter itintothe book of originalresolutions.

Section 5:

Resolution No. 2026-

Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.

ADOPTED this 27th day of January, 2026.

ATTEST:

Lena Shumway
City Clerk
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
J ____ c_ «�
7 Aaron C. Harp
City Attorney
Lauren Kleiman
Mayor
Attachment(s): Exhibit 1 - Resolution No. 2025-71
Exhibit 1
Resolution No. 2025-71
RESOLUTION NO. 2025-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NEWPORT BEACH, CALIFORNIA, APPROVING A

GENERAL PLAN AMENDMENT FOR THE SURF PARK
PROJECT LOCATED AT 3100 IRVINE AVENUE
(PA2024-0069)
WHEREAS, Section200 ofthe CityCharter,ofthe Cityof Newport Beach (“City"), veststhe CityCouncilwith the authorityto make and enforce all laws, rules and regulationswithrespecttomunicipalaffairssubjectonlytothe restrictionsand limitations containedintheCityCharterand the StateConstitution,and the power to exercise,or act pursuanttoany and allrights,powers,and privilegesor procedures grantedor prescribed by any law oftheStateofCalifornia;
WHEREAS, an applicationwas filedby CAA Planning,on behalf of Back Bay Barrels,LLC ("Applicant”),concerningpropertylocatedat 3100 IrvineAvenue, and legally described in Exhibit“A,"which is attached hereto and incorporatedherein by reference (“Property");
WHEREAS, theApplicantisrequestingtoredevelopthecentral15.38-acre parcel oftheprivatelyowned NewportBeach GolfCourse by removing the existingdrivingrange and puttinggreen,pro-shop,restaurantand bar,andthreeholesofgolfand replacingitwith a new surf-focusedoutdoor commercial recreationuse (“Project”); WHEREAS, the Project’ssiteimprovementsincludeapproximatelyfive acres of surfinglagoons surroundedby viewingplatforms,seating,pools, spa, restrooms, landscaping,clubhousewithamenities,athleteaccommodationbuildingwith 20 overnight rooms, and two parkinglotswith351 parkingspaces;
WHEREAS, theProjectwillbe constructedon approximately79,533 square feetof area;however,19,761square feetwillbe excludedfrom the totaldevelopment limitof the Propertyas incidentalbuildingareaswhich isconsistentwith Table LU1 (Land Use Plan Categories)oftheCity’sGeneralPlan(“GeneralPlan”)forpropertiescategorizedas Parks and Recreation;
WHEREAS, the followingapprovalsare requestedor requiredto implement the Projectas proposed:
• General Plan Amendment (“GPA”):To increasethe development limit from 20,000squarefeetto59,772 squarefeetforAnomaly Number 58, as identified in Table LU 2 of the Land Use Element of the General Plan; of Newport Beach
Resolution No. 2025-71

MajorSiteDevelopmentReview (“SDR”):To constructa nonresidentialbuilding largerthan20,000squarefeetinarea;
ConditionalUse Permit(“CUP”):To allowthe operationof an outdoor commercial recreationuse includinga restaurantwithalcoholsales,establishthe appropriate parkingrate,and allowtheconstructionofbuildingstallerthan 18 feet; Modification Permit: To allow for the construction of retainingwalls tallerthan eightfeetinheightfromfinishgrade;and
EnvironmentalImpact Report (“EIR”):To address reasonably foreseeable environmental impacts resultingfrom the legislativeand project specific discretionaryapprovals;
WHEREAS, the Propertyiscategorizedas Parks and Recreation(PR) by the General Plan Land Use Element and is located within the Santa Ana Heights Specific Plan/Open Space and Recreation(SP-7/OSR) ZoningDistrict; WHEREAS, the Propertyisnotlocatedwithinthecoastalzone, therefore,a coastal development permitisnotrequired;
WHEREAS, CaliforniaPublic UtilitiesCode (“CPUC”) Section 21676(b) requires theCitytorefertheProjecttotheOrange County AirportLand Use Commission ("ALUC”) to review forconsistencywith the 2008 John Wayne AirportEnvirons Land Use Plan (“AELUP”);
WHEREAS, ALUC determined the Projectto be inconsistentwith the AELUP on August 7, 2025;
WHEREAS, a public hearing was held by the Planning Commission on September 4,2025,intheCouncilChambers at100 CivicCenter Drive,Newport Beach, California.A noticeof time, place and purpose of the hearing was given in accordance with Government Code Section 54950 etseq. (“Ralph M. Brown Act”),and Chapter 20.62 (PublicHearings)oftheNewport Beach MunicipalCode. Evidence, both written and oral, was presentedto,and consideredby,the PlanningCommission at thishearing; WHEREAS, at the hearing,the Planning Commission adopted Resolution No.

PC2025-018 by a unanimous vote (6 ayes, 1 recusal)recommending the City Council approve the Project;
City of Newport Beach
Resolution No. 2025-71

WHEREAS, afterthe Planning Commission’s decisionand pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed publichearing on September 9, 2025, and adopted ResolutionNo. 2025-60 (6 ayes, 1 absent) to notify ALUC and the State Department of TransportationAeronautics Program of the City’s intentto overrideALUC’s inconsistencyfinding;and
WHEREAS, a publichearingwas held by the CityCouncilon October 28, 2025, in the City Council Chambers locatedat 100 Civic Center Drive, Newport Beach, Californiato consider the Project.A noticeof time,place,and purpose ofthe hearingwas given in accordance with CPUC Section21676(b),the Ralph M. Brown Act, Chapter

20.62 (PublicHearings)ofthe NBMC, CityCouncilPolicyK-1 (General Plan and Local Coastal Program) and CityCouncil PolicyK-3 (ImplementationProcedures for the CaliforniaEnvironmental QualityAct).Evidence, both writtenand oral,was presented to, and considered by,the CityCouncil atthishearing.

NOW, THEREFORE, the CityCouncil of the Cityof Newport Beach resolves as follows:

Section 1: The CityCouncil does hereby make the findingsattached hereto as Exhibit“B,”and incorporatedherein by thisreference,and approves the GPA, which is also attached hereto as Exhibit"C,”and incorporated herein by thisreference.

Section 2: An EIR (StateClearinghouse No. 2024110238) was prepared forthe Projectincompliancewiththe CaliforniaEnvironmentalQualityAct ("CEQA”), California Public Resources Code Sections 21000 etseq., Section 15000 etseq. as set forthinTitle 14, Division6, Chapter 3 ofthe CaliforniaCode of Regulations (“CEQA Guidelines”),and City Council PolicyK-3 (ImplementationProcedures for the California Environmental QualityAct)toensure thatthe Projectwillnot resultin significantenvironmental impacts.

Based on the entire environmental review record, the City Council having finalapproval authorityover the Project,found thatthe Project,with mitigationmeasures, willhave a less than significantimpact on the environment and there are no known substantial adverse effectson human beings. By Resolution No. 2025-73, the City Council adopted and certifiedthe Final EIR as complete and adequate and adopted the Mitigation Monitoringand Reporting Program includingallfindingscontained therein, which is hereby incorporatedby thisreference.

Section 3; The recitalsprovided inthisresolutionare true and correct and are incorporatedintothe operativepartofthisresolution.

Cityof Newport Beach
Resolution No. 2025-71

Section 4: If any section,subsection, sentence, clause or phrase of this resolutionis,forany reason,heldtobe invalidorunconstitutional,such decision shallnot affectthevalidityor constitutionalityofthe remainingportionsofthisresolution.The City Council hereby declaresthatitwould have passed thisresolution,and each section, subsection,sentence, clause or phrase hereof,irrespectiveof the fact that any one or more sections,subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

The City Council findsthatjudicialchallenges to the City'sCEQASection 5:
determinations and approvals of land use projectsare costlyand time consuming. In addition,projectopponentsoftenseek an award ofattorneys'fees insuch challenges.As projectapplicantsarethe primarybeneficiariesofsuch approvals,itisappropriatethat such applicantsshould bear the expense of defending against any such judicial challenge,and bear the responsibilityforany costs,attorneys'fees,and damages which may be awarded toa successfulchallenger.

City of Newport Beach
Resolution No. 2025-71

Section 6: This resolutionshalltake effectimmediately upon itsadoption by the CityCouncil,and theCityClerkshallcertifythevote adopting the resolution.

ADOPTED this28th day of October, 2025.

Joe^tapl^tonMayor
ATTEST:

22. Lena Shumway
CityClerk
APPROVED AS TO FORM:

CITY ATTORNEY’S OFFICE
Aaron C. Flarp
City Attorney
ExhibitA - Legal Description
ExhibitB - Findings forApproval
ExhibitC - General Plan Amendment to Anomaly No. 58 of the Newport Beach General Plan Land Use Element
ExhibitD - General Plan Consistency Analysis
Exhibit E - Tribal Consultation Timeline
Attachment(s):

Cityof Newport Beach

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF NEWPORT BEACH
ss.

I,Lena Shumway, CityClerk of the Cityof Newport Beach, California,do hereby certify thatthe whole number of members of the CityCouncil isseven; theforegoingResolutionNo. 2025-71 was dulyadopted by theCityCouncilofsaidCityata regularmeetingheldon the28"'day ofOctober,2025,by the followingvote,to wit:

AYES: Mayor Joe Stapleton,Mayor Pro Tern Lauren Kleiman,Councilmember Noah Blom, Councilmember MichelleBarto,Councilmember Robyn Grant, Councilmember Sara J.

Weber, Councilmember ErikWeigand
NAYS: None
IN WITNESS WHEREOF, Ihave hereunto subscribed my name and affixed the officialseal of said Citythis29'"day of October, 2025
Lena Shumway
City Clerk
Cityof Newport Beach, California
Cityof Newport Beach
EXHIBIT “A

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL NO. 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 94-2, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MAY 9. 1994 AS INSTRUMENT NO. 94-318607 OF OFFICIAL RECORDS.

EXCEPTING THEREFROM, THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE. RECORDED SEPTEMBER 4. 1997 AS INSTRUMENT NO. 97-428866 OF OFFICIAL RECORDS.

IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA

ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF CONVEYED IN FEE TO THE COUNTY OF ORANGE BY DEED RECORDED OCTOBER 21, 2014 AS INSTRUMENT NO 2014-427814 OF OFFICIAL RECORDS.

APN; 119-200-38 & 119-200-41
City of Newport Beach
EXHIBIT “B

FINDINGS FOR APPROVAL
An amendment to the Newport Beach General Plan Land Use Element is a legislative act. Neither Title20 (Planning and Zoning) nor CaliforniaGovernment Code Section 685000 et seq., set forthany required findingsfor either approval or denial of such amendments. Nonetheless, a fullGeneral Plan Consistency Analysis has been prepared for the Project,is attached hereto as Exhibit“D,” and is incorporated herein by this reference. In summary, the Project is consistentwith the followingGeneral Plan Goals and Policies:

Land Use Element
PolicyLU 1.6 (PublicViews)
PolicyLU 2.1 (Resident-Serving Land Uses)
PolicyLU 2.2 (Sustainableand Complete Community)
PolicyLU 2.5 (VisitorServing Uses)
PolicyLU 2.8 (Adequate Infrastructure)
PolicyLU 3.1 (Neighborhoods, Districts,Corridors,and Open Spaces) PolicyLU 3.2 (Growth and Change)
PolicyLU 3.3 (OpportunitiesforChange - Santa Ana Heights) PolicyLU 3.7 (NaturalResource and Hazardous Areas)
PolicyLU 3.8 (ProjectEntitlementReview with AirportLand Use Commission) PolicyLU 4.1 (Land Use Diagram)
PolicyLU 5.6.2 (Form and Environment)
PolicyLU 5.6.3 (Ambient Lighting)
Historical Resources Element
PolicyHR 2.1 (New Development Activities)
PolicyHR 2.2 (Grading and Excavation Activities)
PolicyHR 2.3 (CulturalOrganizations)
PolicyHR 2.4 (Paleontologicalor Archaeological Materials) Circulation Element
PolicyCE 2.2.1 (Safe Roadways)
PolicyCE 7.1.1 (VehicleMiles Traveled (VMT) Analysis)
PolicyCE 7.1.2 (VMT MitigationMeasures)
PolicyCE 7.1.5 (Support FacilitiesforAlternativeModes)
PolicyCE 7.1.7 (ProjectSite Design Supporting AlternativeModes) PolicyCE 7.1.8 (ElectricVehicle (EV) Charging Stations) PolicyCE 9.1.10 (Development Requirements)
Recreation Element
PolicyR 1.12 (AircraftOverflightand Noise)
PolicyR 4.1 (Provisionof Recreation Services)
PolicyR 4.2 (Compatible Recreation Activities)
City of Newport Beach
PolicyR 4.3 (Varietyof Programs)
PolicyR 4,5 (VarietyofAdultRecreationalPrograms)
Natural Resources Element
PolicyNR 1.1(Water ConservationinNew Development)
PolicyNR 1.2(Use ofWater Conserving Devices)
PolicyNR 3.4 (Storm Drain Sewer System Permit)
PolicyNR 3.5 (NaturalWater Bodies)
PolicyNR 3.9 (Water QualityManagement Plan)
PolicyNR 3.10 (Best Management Practices)
PolicyNR 3.11 (SiteDesign and Source Control)
PolicyNR 3.12 (Reductionof Infiltration)
PolicyNR 3.14 (RunoffReduction on PrivateProperty)
PolicyNR 3.16 (Sitingof New Development)
PolicyNR 3.17 (ParkingLots and Rights-of-Way)
PolicyNR 3.19 (NaturalDrainage Systems)
PolicyNR 3.20 (ImperviousSurfaces)
PolicyNR 4.3 (Restore NaturalHydrologicConditions)
PolicyNR 4.4 (Erosion Minimization)
PolicyNR 6.1 (Walkable Neighborhoods)
PolicyNR 6.4 (TransportationDemand Management Ordinance) PolicyNR 7.2 (Source Emission Reduction Best Management Practices) PolicyNR 10.2 (Orange County NaturalCommunities Conservation Plan) PolicyNR 10.3 (Analysisof Environmental Study Areas)
PolicyNR 10.4 (New Development Sitingand Design)
PolicyNR 10.5 (Development in Areas Containing Significantor Rare Biological Resources)
PolicyNR 10.6 (Use of Buffers)
PolicyNR 10.7 (ExteriorLighting)
PolicyNR 18.1 (New Development)
PolicyNR 18.3 (PotentialforNew Development to Impact Resources) PolicyNR 18.4 (Donation of Materials)
PolicyNR 20.1 (Enhancement of SignificantResources)
PolicyNR 20.2 (New Development Requirements)
PolicyNR 20.4 (PublicView CorridorLandscaping)
PolicyNR 23.1 (Maintenance of NaturalTopography)
PolicyNR 23.7 (New Development Design and Siting)
PolicyNR 24.2 (Energy-EfficientDesign Features)
PolicyNR 24,3 (IncentivesforGreen BuildingProgram Implementation) Safety Element
PolicyS 4.7 (New Development)
PolicyS 5.1 (New Development Design within100-year Floodplains) PolicyS 5.2 (FacilityUse or Storage of Hazardous Materials Standards) PolicyS 5.3 (Minimizationof Flood Hazard Risk)
PolicyS 7.1 (Known Areas of Contamination)
Cityof Newport Beach
PolicyS 7.2 (Development Design withinMethane Gas Districts) PolicyS 7.4 (ImplementationofRemediation Efforts)
Noise Element
PolicyN 1.1(NoiseCompatibilityof New Development)
PolicyN 1.7 (Commercial/ EntertainmentUses)
PolicyN 1.8 (SignificantNoise Impacts)
PolicyN 4.2 (New Uses)
PolicyN 4.6 (Maintenance ofConstructionActivities)
PolicyN 5.1 (LimitingHours ofActivity)
Tribal Consultation Finding:

Pursuant to CaliforniaGovernment Code Section 65352.3 (“SB18"), a localgovernment is required to contactthe appropriatetribesidentifiedby the Native American Heritage Commission (“NAHC") each time itconsiders a proposal to adopt or amend the General Plan. Ifrequested by any tribe,the localgovernment must consult for the purpose of preservingor mitigatingimpacts to culturalresources.

Fact in Support of Finding Tribal Consultation Consistency:

The Cityreceived a response from the NAHC indicatingthat 20 tribal contacts should be provided noticeregardingthe GPA. SB 18 requiresnotification90 days priorto Council action to allow tribalcontacts to respond to the request to consult.To comply with both the requirements of SB 18 and Assembly Bill52, the tribalcontacts were provided notice on September 19, 2024. Two tribalcontacts requested consultation: the Gabrieleno Band of Mission Indians - Kizh Nation (“Kizh Nation")and the Gabrielino Tongva Indians of California.The Cityengaged in a good faitheffortfor consultationfor over a year with both tribesand both tribes requested monitoring for tribalresources during ground disturbances consistingof over 14 correspondence regarding mitigationmeasures to incorporateintothe Project.A timelineof the tribalconsultations is attached hereto as Exhibit“E" and incorporated herein by thisreference.During the consultationprocess, the Kizh Nation requested to be the sole onsitemonitor and asserted that the Gabrielino Tongva have no directhistorical,ancestral,or culturaltiesto Newport Beach. However, the Gabrielino Tongva tribeprovided the City with substantialevidence identifyingthat the PropertyiswithintheirAncestralTribalTerritory.Furthermore, the Gabrielino Tongva tribewere identifiedby NAHC through a Sacred Lands File(“SLF”) search establishing thatthe Property iswithintraditionallands or culturalplaces forthe Gabrieleno Tongva.

Therefore, the City incorporated mitigationmeasures intothe Project allowing for tribal monitors from both tribesto address potentialconcerns regardingthe protectionof Tribal Cultural Resources.

Charter Section 423 Finding:

Cityof Newport Beach
Pursuant to City Charter Section 423 and City Council PolicyA-18, voter approval is requiredforany majoramendment totheGeneral Plan.A "major amendment” isone that significantlyincreasesthe maximum amount oftrafficthat allowed uses could generate or significantlyincreasesalloweddensityor intensity.“Significantlyincreases"isdefined as increases over 100 peak hour trips(traffic),or over 100 dwellingunits(density),or over 40,000 square feetof floorarea (intensity).The thresholdsapply to both: 1) increases directlycaused by the subjectGPA, and 2) eightypercentof the increases caused by previousGPAs withinthe area plusthe subjectGPA.

The subjectGPA iswithinStatisticalArea J-5.One amendment (PA2020-041) has been approved withinthe last10 years and continuesto be cumulativelytracked consistent with the provisionsof Charter Section 423.

Facts in Support of Finding Charter Section 423 Consistency:

The followingtableillustratesthe increasesattributableto the subjectGPA, priorGPAs, and the resultingtotals.Tripgenerationforthe purpose of implementing Charter Section 423 was calculatedusing the blended ratefor“public,semi-public,and institutionaluses,” as provided in City Council PolicyA-18. Notably, none of the thresholds specified by Charter Section 423 are exceeded, therefore no vote of the electorateisrequired should the CityCouncil choose to approve thisGPA.

Charter Section 423, Measure S Analysis for StatisticalArea J-5.

Peak Hour Trip IncreaseIncreased Increased
Density Intensity P.M.Amendments A.M.
(DU) (SF)

0.75 1.01PA2020-041 (Shvetz
Residential Subdivision)
1 NA

1.011 NA 0.75Total Prior Increases
.81.8 NA 0.6080% of Prior Increases

59.66 59.660 39,772100% of Proposed
PA2024-0069

60.26 60.26.8 39,772Total
100100 40,000 100Threshold

39.7499.2 228 39.74Remaining
NoNo NoVote Required? No
Additionally,while the Projectrequiresa GPA, major sitedevelopment review,conditional use permit,and modificationpermit,onlythe GPA may be subjectto an initiative. (ElectionsCode Section9200 etseq.\DeVita v.County of Napa (1995) 9 Cal.4th 763, 775)
City of Newport Beach
EXHIBIT “C n
GENERAL PLAN AMENDMENT TO ANOMALY NO. 58 OF TABLE LU2 OF THE

NEWPORT BEACH GENERAL PLAN LAND USE ELEMENT
Development Development Additional
Limit (SF) Limit (other) Information
Land Use
Designation
Anomaly Statistical
Number Area
59,772PR58 J5
Cityof Newport Beach
EXHIBIT “D

GENERAL PLAN CONSISTENCY ANALYSIS
Project ConsistencyRelevant General Plan Policies
Land Use Element
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, all development
withinthe proposed Project sitewould be
set back from adjacent streetsand would
not encroach on the existingpublic long
distance views. The proposed buildings
would have a minimum setback 20 feet
from Mesa Drive, and 20 feet from Irvine
Avenue. These setbacks would protect,
and the proposed landscaping along the
roadways would enhance public views.

Therefore, the Project is consistent with
Policy LU 1.6.

LU 1.6 Public Views. Protect and, where
feasible,enhance significantscenic and
visual resources that include open space,
mountains, canyons, ridges,ocean, and
harbor from publicvantage points.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, the
proposed Project would develop a
commercial recreationalfacilityincludinga
surf lagoon, amenity clubhouse, and
athlete accommodations. The proposed
uses would provide employment,
recreation, culture, entertainment, and
social activityin balance with community
natural resources and open spaces.

Therefore, the Project is consistent with
Policy LU2.1.

LU 2.1 Resident-Serving Land Uses.

Accommodate uses that support the
needs of Newport Beach’s residents
including housing, retail, services,
employment, recreation, education,
culture,entertainment, civicengagement,
and socialand spiritualactivitythat are in
balance with community naturalresources
and open spaces.

LU 2.2 Sustainable and Complete
Community. Emphasize and support the
development of uses that enable Newport
Beach to be a complete community that
maintains the abilityto provide locally
accessible opportunities for retail,goods
and services,and employment.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, the
proposed Project would develop a
commercial recreationalfacilityincludinga
surf lagoon, amenity clubhouse, and
athlete accommodations that would
provide retailgoods and services, and
employment. Therefore, the Project is
consistentwith Policy LU 2.2.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, the
proposed Project would develop a
LU 2.5 Visitor Serving Uses. Provide
uses that serve visitors to Newport
Beach’s ocean, harbor, open spaces, and
City Newport
:Relevant General Plan Policies Project Consistency
commercial recreationalfacilityincludinga
surf lagoon, amenity clubhouse, and
athlete accommodations that would be
integratedbetween golfcourse holes 10-8
to the north of the site across Irvine
Avenue and holes 3-8 to the south of the
siteacross Mesa Drive.The Projectwould
be integrated into the existing
development, between the existing
roadways and the Santa Ana-Delhi
Channel, along an arterialroadway near
freeway access. Therefore,the Projectis
consistent with Policy LU 2.5.
other recreationalassets,while integrating
them to protect neighborhoods and
residents.

Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Projectwould resultin186 net new vehicle
tripsthatwould be accommodated by the
existing street system. As discussed in
Section 5.16 of the EIR, Utilitiesand
Service Systems, implementation of the
proposed Projectwould not resultin the
need for expanded utilityinfrastructureor
provision of services. The proposed
Project would be served by the existing
infrastructurethat isadequate to serve the
Project and surrounding areas. Also, as
detailed in Section 5.12 of the EIR, Public
Services, the proposed Project would not
requireexpansion or constructionof new
publicfacilitiesto serve the Project along
with other service needs. Therefore, the
Projectisconsistentwith PolicyLU 2.8.

LU 2.8 Adequate Infrastructure.

Accommodate the types, densities,and
mix of land uses that can be adequately
supported by transportationand utility
infrastructure (water, sewer, storm
drainage, energy, and so on) and public
services(schools,parks,libraries,seniors,
youth, police,fire,and so on).

Consistent. As discussed in Section 3.0
of the EIR, Project Description, the
proposed Project would develop a
commercial recreationalfacilityincludinga
surf lagoon, amenity clubhouse, and
athlete accommodations on the Project
site, which would change the type of
commercial recreation provided on the
site. The Project would maintain and
support the golfcourse holes 10-18 to the
north of the site,across IrvineAvenue, and
holes 3-8 to the south of the site across
LU 3.1 Neighborhoods, Districts,
Corridors, and Open Spaces. Maintain
Newport Beach’s pattern of residential
neighborhoods
employment districts,commercial centers,
corridors,and harbor and ocean districts.
andbusiness
City of Newport Beach
Project ConsistencyRelevant General Plan Policies
Mesa Drive.The Projectwould not modify
the streetsystem that surrounds the site
and would not change the pattern of
development within the area. Therefore,
the Projectisconsistentwith PolicyLU 3.1.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, the
proposed Projectwould redevelop the site
to provide a differenttype of commercial
recreational use; changing the existing
golf-relatedfacilitiesto a surf lagoon,
amenity clubhouse, and athlete
accommodations that would result in
approximately the same number of
employees on the site (as detailed in
Section 3.0, Project Description).Thus,
unplanned growth would not occur. Also,
as discussed in Sections 5.12, Public
Services, and 5.14, Transportation, the
proposed Project would not result in
impacts related to the street system or
public services.Therefore, the Project is
consistent with Policy LU 3.2.

LU 3.2 Growth and Change. Enhance
existing neighborhoods, districts,and
corridors,allowingforre-use and infillwith
uses thatare complementary intype,form,
scale, and character. Changes in use
and/or density/intensity should be
considered only in those areas that are
economically underperforming, are
necessary to accommodate Newport
Beach’s share of projected regional
population growth, improve the
relationship and reduce commuting
distance between home and jobs, or
enhance the values that distinguish
Newport Beach as a special place to live
for itsresidents.The scale of growth and
new development shall be coordinated
with the provision of adequate
infrastructure and public services,
includingstandards for acceptable traffic
level of service.

LU 3.3 Opportunities for Change.

Support opportunities for new
development and improved physical
environments for residents, businesses,
and visitorsin the following districtsand
corridors, as specified in Polices 6.3.1
through 6.22.7:

Santa Ana Heights: Support continued
implementation of the adopted Specific
Plan and Redevelopment Plan.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, the
proposed Project would redevelop the
existing golf-relatedfacilitiesto a surf
lagoon, amenity clubhouse, and athlete
accommodations. As detailed within this
section,the Projectwould implement the
Santa Ana Heights SpecificPlan land use
designation for the site.The proposed
Projectwould resultina new development
with an improved physical environment
and the facilitywould be available to
residents and visitors,and would support
local visitor and surf recreation related
businesses. Therefore, the Project is
consistent with Policy LU 3.3.

Consistent. The proposed Project is
located on a site that is currently
LU 3.7 Natural Resource and
Hazardous Areas. Require that new
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
developed and surrounded by developed
urban uses. The Project is not located
within or adjacent to areas of high
resource value; and as detailed in Section

5.8 of the EIR, Hazards and Hazardous
Materials,the Project would not resultin
threatsto lifeor property.Therefore, the
Projectisconsistentwith PolicyLU 3.7.
development is located and designed to
protect areas with high natural resource
value and protect residents and visitors
from threatsto lifeor property.

Consistent. As discussed in Section 5.8
of the EIR, Hazards and Hazardous
Materials, because the Project site is
located within the AELUP Notification area
forSNA and withinthe SNA planning area
boundary, and the Project proposes a
General Plan Amendment, the City is
required to referthe proposed Project to
the ALUC for review, pursuant to the
California Public Utilities Code Section
21676. Therefore,the Projectisconsistent
with Policy LU 3.8.

LU 3.8 Project Entitlement Review with
Airport Land Use Commission. Refer
the adoption or amendment ofthe General
Plan, Zoning Code, specific plans, and
Planned Community development plans
for land within the John Wayne Airport
planning area, as establishedin the JWA
AirportEnvirons Land Use Plan (AELUP),
to the Airport Land Use Commission
(ALUC) for Orange County for review, as
requiredby Section 21676 ofthe California
Public UtilitiesCode. In addition, refer all
development projects that include
buildingswith a height greater than 200
feet above ground levelto the ALUC for
review.

Consistent. As discussed above, the
proposed Projectwould be consistentwith
the site’s current General Plan Land Use
Designation of Parks and Recreation
which permits parks (both active and
passive), golf courses, marina support
facilities,aquatic facilities,tennis clubs
and courts,privaterecreation,and similar
facilities(City of Newport Beach, 2006).

The proposed Project would require a
General Plan Amendment in order to
modify Anomaly Number 58 that currently
limits the allowable increase in
development on the site to 20,000 SF.

With implementation of the General Plan
Amendment, development of the
proposed Projectwould be consistentwith
the Geneal Plan development allowances
for the site. Therefore, the Project is
consistent with Policy LU 4.1.

LU 4.1 Land Use Diagram. Support land
use development consistentwith the Land
Use Plan. Figure LU1 depicts the general
distributionof uses throughout the City
and Figure LU2 through Figure LU15
depict specificuse categories for each
parcel within defined StatisticalAreas.

Table LU1 (Land Use Plan Categories)
specifiesthe primary land use categories,
types of uses, and, forcertaincategories,
the densities/intensitiesto be permitted.

The permitted densities/intensitiesor
amount of development for land use
categories forwhich thisis not included in
Table LU1, are specifiedon the Land Use
Plan, Figure LU4 through Figure LU15.

These are intended to convey maximum
and, in some cases, minimums that may
be permitted on any parcel within the
designation or as otherwise specified by
City of Newport Beach
Project Consistency:Relevant General Plan Policies
Table LU2 (Anomaly Locations). The
density/intensityranges exclude increases
allowedthrough the applicationsofdensity
bonus laws and are calculated based on
actual land area, actual number of
dwellingunitsinfullydeveloped residential
areas, and development potentialinareas
where the General Plan allows additional
development,
determine
development, the user should:
a. Identifythe parcel and the applicable
land use designationon the Land Use
Plan,FigureLU4 through FigureLU15
b. Refer to Figure LU4 through Figure
LU15 and Table LU1 to identifythe
permitted uses and permitted density
or intensityor amount of development
for the land use classification. Where
densities/intensitiesare applicable,the
maximum amount of development shall
be determined by multiplyingthe area
of the parcel by the density/intensity,
c. For anomalies identified on the Land
Use Map by a symbol, referto Table
LU2 to determine the precise
development limits,
b. d. For residentialdevelopment in the
Airport Area., refer to the policies
prescribed by the Land Use Element
that define how development may
occur.
permissibletheTo
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics,the proposed two-
and three-story buildings would be
consistent with the two- to three-storyhigh
commercial office buildings that are
located on Mesa Drive, Acacia, and Irvine
Avenue to the northwest of the site; and
the three-storyfiretrainingtower that is
adjacent to the site. The proposed
development provides the same type of
modern visual character as surrounding
Policy LU 5.6.2. Form
Environment. Require that new and
renovated buildingsbe designed to avoid
the use ofstyles,colors,and materialsthat
unusually impact the design character and
quality of their location such as abrupt
changes in scale, building form,
architecturalstyle,and the use of surface
materials that raise local temperatures,
resultin glare and excessive illumination
of adjoiningpropertiesand open spaces,
or adversely modify wind patterns.
and
Cityof Newport Beach
Project Consistency:Relevant General Plan Policies
residential, commercial, and office
development thatsurrounds the site.

In addition,the Project lightingwould be
required to comply with Municipal Code
Section 21.30.070, Outdoor Lighting,
through the City’spermitting process to
ensure that itwould not resultinglare and
excessive illumination of adjoining
properties. Therefore, the Project is
consistentwith PolicyLU 5.6.2.

Lighting. Consistent. As discussed in Section 5.1
of the EIR, Aesthetics,the Projectlighting
would be required to comply with
Municipal Code Section 21.30.070,
Outdoor Lighting, through the City’s
permittingprocess to ensure that itwould
not result in glare and excessive
illumination of adjoining properties.

Therefore, the Project is consistent with
Policy LU 5.6.3.

Policy LU 5.6.3. Ambient
Require that outdoor lightingbe located
and designed to prevent spilloveronto
adjoining properties or significantly
increase the overall ambient illumination of
their location.

Historical Resources Element
HR 2.1 New Development Activities.

Require that,in accordance with CEQA,
new development protect and preserve
paleontological and archaeological
resources from destruction, and avoid and
mitigate impacts to such resources.

Through planning policies and permit
conditions, ensure the preservation of
significant
paleontologicalresources and requirethat
the impact caused by any development be
mitigatedinaccordance with CEQA.

Consistent. As discussed in Section 5.4
of the EIR, Cultural Resources, and
Section 5.6, Geology and Soils, both
archeological and paleontological
resources studies were conducted
(included as Appendix E and Ito the EIR,
respectively).MitigationMeasures CUL-1,
CUL-2, and PAL-1 have been included to
ensure thatno significantimpacts to either
archeologicalor paleontologicalresources
would occur. Therefore, the Project is
consistentwith PolicyHR 2.1.
archeological and
HR 2.2 Grading and Excavation
Activities. Maintain sources of
informationregarding paleontologicaland
archeological sites and the names and
addresses of responsible organizations
and qualifiedindividuals,who can analyze,
classify, record, and preserve
paleontologicalor archeological findings.

Require
paleontologist/archeologist to monitor all
Consistent. As discussed in Section 5.4
of the EIR, Cultural Resources, and
Section 5.6, Geology and Soils, both
archeological and paleontological
resources studies were conducted
(included as Appendix E and Ito the EIR,
respectively).MitigationMeasures CUL-1,
CUL-2, and PAL-1 have been included to
provide for archeological and
paleontological monitoring on the site
qualifieda
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
duringgrading and excavationactivitiesto
ensure that significant impacts to
archeological and paleontological
resources would not occur. Therefore, the
Projectisconsistentwith PolicyHR 2.2.
gradingand/orexcavationwhere thereis
a potentialto affectcultural,archeological
or paleontologicalresources. If these
resources are found, the applicant shall
implement the recommendations of the
paleontologist/archeologist,subjectto the
approval ofthe CityPlanning Department.

Consistent. In accordance with AB 52
and SB 18, the City sent lettersto 20
Native American representativesidentified
by NAHC, notifyingthem of the proposed
Project.Agency to agency consultation
occurred between the City and two tribes
who stated that they have cultural
affiliationwith the Project region. While
none of the tribespresented substantial
evidence indicating that tribalcultural
resources are present on the site.

MitigationMeasures TCR-1 through TCR-
3 have been included to provide forNative
American monitoring on the site during
grading and excavation activitiesto ensure
that significantimpacts to tribalcultural
resources would not occur. Therefore, the
Projectisconsistentwith PolicyHR 2.3.

HR 2.3 Cultural Organizations. Notify
cultural organizations,including Native
American organizations, of proposed
developments that have the potentialto
adversely impact culturalresources.Allow
representativesof such groups to monitor
grading and/orexcavationofdevelopment
sites.

Consistent. As discussed in Section 5.4
of the EIR, Cultural Resources, and
Section 5.6 of the EIR, Geology and Soils,
both archeological and paleontological
resources studies were conducted
(included as Appendix E and Ito the EIR,
respectively).MitigationMeasures CUL-1,
CUL-2, and PAL-1 would ensure that there
would be no significantimpacts on either
archeological
resources. Therefore, the Project is
consistent with Policy HR 2.4.

HR 2.4 Paleontological
Archaeological Materials. Require new
development to donate scientifically
valuable paleontologicalor archaeological
materialsto a responsiblepublicor private
institutionwith a suitable repository,
located withinNewport Beach, or Orange
County, whenever possible.
or
paleontologicalor
Circulation Element
Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Project does not include improvements to
public roadways. However, the new
driveways that would provide vehicular
CE 2.2.1 Safe Roadways. Provide for
safe roadway conditions by adhering to
nationally recognized improvement
standards and uniform construction and
maintenance practices.

City of Newport Beach
Project ConsistencyRelevant General Plan Policies
access to the site and the onsite
circulationwould be requiredto adhere to
the City’spublicworks and engineering
recognized improvement standards and
uniform construction and maintenance
practicesthat would be verifiedthrough
the City’sconstructionpermittingprocess.

Therefore, the Project is consistent with
PolicyCE 2.2.1.

Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Project does not include trafficcontrol
measures for public roadways. However,
the new driveways that would provide
vehicular access to the site and the onsite
circulationwould be required to adhere to
the City’s public works and engineering
recognized trafficcontrol standards that
would be verified through the City’s
construction
Therefore, the Project is consistent with
Policy CE 2.2.4.

CE 2.2.4 Traffic Control. Design traffic
control measures to ensure City streets
and roads function with safety and
efficiency for vehicles, bicycles, and
pedestrians.
permitting process.

Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Project would provide two driveway
locations to access the site from two sides.

In addition.City permittingwould ensure
that ingress and egress isconsistentwith
the City of Newport Beach General Plan
Circulation Element and development
standards. Therefore, the Project is
consistentwith PolicyCE 2.2.5.

CE 2.2.5 Driveway and Access
Limitations. Limit driveway and local
street access on arterial streets to
maintain a desired quality of trafficflow
and limithazards to active transportation
modes. Wherever possible, consolidate
and/or reduce the number of driveways
and implement access controls during
redevelopment of adjacent parcels.

Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Project would provide two driveway
locations to access the site from two sides.

In addition.City permitting would ensure
that ingress and egress is consistent with
the requirements in Section 503 of the
CaliforniaFire Code (Title24, California
Code of Regulations, Part 9).Therefore,
the Project would provide efficientand
safe access for emergency vehicles and
would be consistentwith PolicyCE 2.2.7.

CE 2.2.7 Emergency Access. Provide all
residential, commercial, and industrial
areas with efficient and safe access for
emergency vehicles. An emergency
evacuation map shallbe prepared as part
of an updated Safety Element.

Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
Consistent. As discussed in Section 5.14
of the EIR, Transportation,bike lanes and
sidewalks currentlyexistadjacent to the
Projectsite.The Projectwould provide
onsite pedestrian walkways that would
connect to the offsite sidewalks and
bicycleparking facilities.Therefore,the
Projectprovides onsite pedestrianand
bicycle related improvements and is
consistentwith PolicyCE 5.2.6.

Consistent. As discussed in Section 3.0
of the EIR, Project Description,and
Section 5.14, Transportation, the
proposed Project would include
installationof both temporary and long
term bicycleparkingareas.Therefore,the
ProjectisconsistentwithPolicyCE 5.2.12.

CE 5.2.6 Pedestrian Improvements in
New Development Projects. Require
new development projectsto includesafe
and attractivesidewalks, walkways, and
bike lanes in accordance with the Master
Plan, and, iffeasible,trails.

CE 5.2.12 Bicycle Supporting
Amenities. Require bicyclefacilitiessuch
as bike racks, bike stations,or lockers
according to nationalstandards for long
term and short-termbicycleutilizationon
City propertyand with new development
and encourage the additionofsuch bicycle
facilitieswithinexistingdevelopment.

CE 7.1.1 Vehicle Miles Traveled (VMT)
Analysis. Follow the analysis
methodology for vehiclemiles traveled
according to the Newport Beach VMT
thresholds policy and as required in
Senate Bill743 and the revised California
Environmental Quality Act (CEQA)
Guidelines.

Consistent. As detailed in Section 5.14 of
the EIR, Transportation,the analysis of
VMT forthe proposed Projectfollowsthe
City’s VMT thresholds policy and as
requiredinSB 743 and CEQA. Therefore,
the Projectis consistentwith PolicyCE

7.1.1. Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Projectwould not resultin a potentially
significantimpact related to VMT and
mitigationmeasures are not warranted.

Therefore, the Projectis consistentwith
PolicyCE 7.1.1.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, and
Section 5.14 of the EIR, Transportation,
the proposed Projectsupports alternative
modes of travel and includes a drop-off
and pick-up area for carpools and ride-
shares, bicycle parking, and onsite
pedestrian walkways that would
complement the existingoffsitesidewalks
CE 7.1.2 VMT Mitigation Measures.

Require implementationof CEQA project
related VMT mitigationmeasures when
warranted and monitor reductions in VMT
from new development.

CE 7.1.5 Support Facilities for
Alternative Modes. Require new
development projectsto providefacilities
commensurate with development type and
intensityto support alternativemodes,
such as preferentialparking forcarpools,
bike racks, bike stations,bicycle lockers,
showers, commuter information areas,
rideshare vehicle loading areas, water
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
and bike paths.Therefore,the Projectis
consistent with Policy CE 7.1.5.
transportation docks, and bus stop
improvements.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, and
Section 5.14 of the EIR, Transportation,
the proposed Projectsupports alternative
modes of travel and includes onsite
pedestrian walkways that would
complement the existingoffsitesidewalks
on IrvineAvenue with bus stops for OCTA
Bus Route 178. Therefore, the Project
facilitatesthe use of publictransportation
and walking and isconsistentwith Policy
CE 7.1.7.

CE 7.1.7ProjectSiteDesign Supporting
Alternative Modes. Encourage increased
use of publictransportationby requiring
projectsitedesigns thatfacilitatethe use
of publictransportationand walking.

Consistent. As discussed in Section 3.0
ofthe EIR, ProjectDescriptionand Section

5.14 of the EIR, Transportation, the
proposed Project includes installationof
EV charging stationsand EV parkingspots
on the Projectsite.Therefore,the Project
isconsistentwith PolicyCE 7.1.8.

CE 7.1.8 ElectricVehicle (EV) Charging
Stations. Installadditional EV charging
stations on City properties, support
existingprivatedevelopment to add new
EV charging stations and develop
incentives for the installation of EV
charging stationsand other alternative
fuelssystems as partof new development.

Consistent. As discussed in Section 5.14
of the EIR, Transportation,the proposed
Project would not requireor include any
roadway improvements. However, the
proposed driveways and onsite vehicular
circulationwould be required to adhere to
the City’spublic works and engineering
recognized trafficcontrol standards that
would be verified through the City’s
construction
Therefore, the Project is consistent with
PolicyCE 9.1.10.

CE 9.1.10 Development Requirements.

Require development to provide the
needed roadway improvements adjacent
to a site, commensurate with project
impact and inaccordance with the Master
Plan of Streets and Highways.
permitting process.

Recreation Element
Consistent. The proposed Project is a
commercial recreation facilityand would
not be a public park. The Project site is
located within the SNA 65 CNEL noise
contour, which indicates that noise from
aircrafton the Projectsiteis65 dB CNEL
and iswithinthe noise impact area related
to SNA operations.However, as detailedin
R 1.12 Aircraft Overflight and Noise.

Require thatallpublicparks locatedwithin
the noise impact zones as defined in the
1985 JWA Master Plan for John Wayne
Airport be posted with a notificationto
users regarding aircraftoverflightand
noise.

Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
Section 5.8 of the EIR, Hazards and
Hazardous Materials,and Section 5.11 of
the EIR, Noise, the AELUP for SNA states
that community facilitiesand commercial
land uses are “normallyconsistent”within
the 65 CNEL contour. Therefore, the
proposed Projectwould not resultin an
impact relatedto aircraftoverflightand
noise and would be consistent with Policy
R 1.12.

Consistent. The proposed Project would
provide high quality surf-related
recreational
professionally-trained
personnel to program participants.

Therefore, the Project is consistent with
Policy R 4.1.

R 4.1 Provision of Recreation Services.

Provide high qualityrecreationalservices
throughprofessionally-trainedrecreational
personnel to program participants.
through
recreational
services
Consistent. The proposed Project would
add to the varietyof recreationactivitiesin
the area and the surfingactivitieswould be
compatiblewiththe City’slocationnear the
ocean. Therefore,the Projectisconsistent
with Policy R 4.2.

R 4.2 Compatible Recreation Activities.

Provide a variety of compatible
recreational activitieswithin a given
location.

Consistent. The proposed Projectwould
provide surf-relatedrecreationalservices
in a safe and secure environment that
would promote health and wellness,
encourage expansion of skills,and
reinforceself-esteem,good character,and
positivebehavior.Therefore,the Projectis
consistent with Policy R 4.3.

Consistent. The proposed Projectwould
provide surf-relatedrecreationalservices
in a safe and secure environment that
would promote health and wellness,
enhancement of skills,extend learning
opportunities; promote sportsmanship;
and provide unique opportunities to
engage in a new activity.Therefore, the
Projectisconsistentwith PolicyR 4.5.

R 4.3 Variety of Programs. Provide a
varietyof qualityprograms offeredinsafe
and secure environments for the
community’s youth that enhance and
extend the learningday, promote health
and wellness, encourage expansion of
skills,and reinforce self-esteem, good
character,and positivebehavior.

R 4.5 Variety of Adult Recreational
Programs. Provide a varietyof quality
enrichment and recreationalprograms for
the adult populationthat promote health
and wellness; development and/or
enhancement of skillsand talents; extend
learning
sportsmanship; and provide unique
opportunitiesto engage innew activities.
opportunities; promote
Natural Resources Element
NR 1.1 Water Conservation in New Consistent. The proposed Project would Development. water be constructed according to Title 24Enforce of Newport Beach
Project ConsistencyRelevant General Plan Policies
requirements of the 2022 California
administrative code for water conservation
and landscaping would be implemented
throughout the Project site, including
implementation of bioretentionbasins that
would limit runoff. BMPs for stormwater
management would also be implemented
to directstormwater into landscape areas
to use forirrigation.Therefore,the Project
isconsistentwith Policy N 1.1.
conservation measures that limit water
usage, prohibitactivitiesthatwaste water
or cause runoff,and require the use of
water-efficientlandscaping and irrigation
in conjunction with new construction
projects.

Consistent. As discussed in Section 5.16
of the EIR, Utilitiesand Service Systems,
the proposed Projectwould be requiredto
implement the CALGreen Code for
efficientuse of water. Additionally,as
discussed in Section 5.9 of the EIR,
Hydrology
development and construction of the
Projectsitewould requirepreparationand
adherence to a Stormwater Pollution
Prevention Plan (SWPPP) and Water
Quality Management Plan (WQMP).

Therefore, the Project would use water
conserving devices and would be
consistentwith Policy NR 1.2.

NR 1.2 Use of Water Conserving
Devices. Establish and activelypromote
use of water conserving devices and
practices in both new constructionand
major alterationsand additionsto existing
buildings.This can include the use of
rainwater capture, storage, and reuse
facilities.
and Water Quality,
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
construction of the Project site and
operation of the proposed Project would
require preparation and adherence to a
SWPPP and a WQMP. Therefore, the
Projectisconsistentwith PolicyNR 3.4.

NR 3.4 Storm Drain Sewer System
Permit. Require all development to
comply with the regulationsunder the
City’s municipal separate storm drain
system permit under the NationalPollutant
Discharge EliminationSystem.

NR 3.5 Natural Water Bodies. Require
that development does not degrade
natural water bodies.

Consistent. As discussed in Section 5.3
of the EIR, BiologicalResources, there are
no natural bodies of water within the
Project site.In addition,as discussed in
Section 5.9 of the EIR, Hydrology and
Water Quality, a SWPPP and WQMP
would be required to be implemented to
ensure thatthe Projectwould not degrade
offsitenatural water bodies. Therefore, the
Projectisconsistentwith Policy NR 3.5.

City of Newport Beach
Relevant General Plan Policies Project Consistency
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
construction of the Project site and
operation of the proposed Project would
require preparation and adherence to a
SWPPP and a WQMP. Therefore, the
Projectisconsistentwith PolicyNR 3.9.

NR 3.9 Water Quality Management Plan.

Require new development applicationsto
includea Water QualityManagement Plan
(WQMP) to minimize runofffrom rainfall
events during construction and post
construction.

NR 3.10 Best Management Practices.

Implement and improve upon Best
Management Practices (BMPs) for
residences, businesses, development
projects,and Cityoperations.

Consistent. As discussed in Section 5.9,
Hydrology and Water Qualityof the EIR,
the proposed Project would implement
SWPPP and a WQMP, both of which
would provide BMPs to reduce or
eliminatesoilerosion and pollution.During
operation,onsite drainage features would
include BMPs that have been designed to
slow, filter, and slowly discharge
stormwater into the offsite drainage
system. Therefore, the Project is
consistent with Policy NR 3.10.

NR 3.11 Site Design and Source
Control. Include site design and source
control BMPs in alldevelopments. When
the combination of sitedesign and source
control BMPs are not sufficientto protect
water qualityas required by the National
Pollutant Discharge Elimination System
(NPDES), structuraltreatment BMPs will
be implemented along with sitedesign and
source control measures.

Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
the proposed Project would implement a
WQMP thatwould be approved by the City
and includes design and source control
BMPs to protect water quality,which
includelandscaping and drainage features
thathave been designed to slow,filter,and
slowly discharge stormwater into the
offsitedrainage system. Therefore, the
Projectisconsistentwith PolicyNR 3.11.

NR 3.12 Reduction of Infiltration.

Include equivalent BMPs that do not
require infiltration,where infiltrationof
runoffwould exacerbate geologic hazards.
(PolicyHB 8.12)
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
infiltrationis not feasible for the Project
site. Thus, the Project would utilize
modular wetland systems and bioretention
basins which would collectflows, filter,and
then direct runoff into the Santa Ana Delhi
Channel, which is adjacent to the site.

Therefore, the Project is consistent with
Policy NR 3.12.

NR 3.14 Runoff Reduction on Private
Property. Retain runoff on private
property to prevent the transport of
Consistent. As discussed in Section 5. 9
of the EIR, Hydrology and Water Quality,
the proposed Project would implement a
City of Newport Beach
Project ConsistencyRelevant General Plan Policies
SWPPP and a WQMP that would provide
BMPs to reduce or eliminate transport of
pollutantsintonaturalwater bodies.Onsite
drainage featureswould be installedthat
have been designed to slow and filter
stormwater priorto discharge to reduce
runoffand prevent transportof pollutants.

Therefore, the Project is consistent with
Policy NR 3.14.
pollutantsintonaturalwater bodies,to the
maximum extent practicable.(PolicyHB

8.14).

Consistent. The Project site is a
developed sitethatisused forgolf-related
recreation. The site does not contain a
natural or sensitive site resource as
detailed in Section 5.3 of the EIR,
BiologicalResources, and the sitedoes
not provide important water quality
benefits. As discussed in Section 5.9,
Hydrology and Water Quality, the
proposed Project would require
preparation and adherence to a SWPPP
and a WQMP that would protect water
quality.Therefore,the Projectisconsistent
with Policy NR 3.16.

NR 3.16 Siting of New Development.

Require that development be located on
the most suitableportion of the siteand
designed to ensure the protectionand
preservationof naturaland sensitivesite
resources that provide important water
qualitybenefits.(PolicyHB 8.16).

Consistent. As discussed in the
PreliminaryWQMP (includedas Appendix
O tothe EIR),operationofthe Projectshall
include sweeping allonsite streets,drive
aisles,and/or uncovered parking areas at
minimum of a quarterlybasis.Therefore,
the Project is consistentwith Policy NR

3.17. NR 3.17 Parking Lots and Rights-of-
Way. Require thatparking lotsand public
and privaterights-of-waybe maintained
and cleaned frequentlyto remove debris
and contaminated residue. (Policy HB

8.17)
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
infiltrationand groundwater recharge is
not feasibleat the Projectsite.Thus, the
Project would utilizemodular wetland
systems and bioretentionbasins which
would collect flows, filter,and then direct
runoff into the Santa Ana Delhi Channel,
which isadjacenttothe site.Therefore,the
Projectisconsistentwith PolicyNR 3.19.

NR 3.19 Natural Drainage Systems.

Require incorporationof naturaldrainage
systems and stormwater detention
facilitiesinto new developments, where
appropriate and feasible, to retain
stormwater in order to increase
groundwater recharge.(PolicyHB 8.19)
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
NR 3.20 Impervious Surfaces. Require
new and publicdevelopment
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
while the proposed Projectwould resultin
an increase of impervious surfaces,
buildout of the proposed Project would
result in a decrease the 100-year storm
runoffflowrate by 11.1 percent and the
proposed Project would maintain the
existing drainage pattern by collecting
runoff via roof drains, curbs, and area
drains and conveying it to vegetated
biotreatment systems utilizingpermeable
landscaping fortreatment.

Therefore, the Project is consistent with
PolicyNR 3.20.
improvements to minimize the creationof
and increases in impervious surfaces,
especiallydirectlyconnected impervious
areas, to the maximum extent practicable.

Require redevelopment to increase area
of pervious surfaces, where feasible.
(PolicyHB 8.20)
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
infiltrationand groundwater recharge is
not feasibleat the Project site.Thus, the
Project would utilizemodular wetland
systems and bioretentionbasins which
would collectflows, filter,and then direct
runoff into the Santa Ana Delhi Channel,
which is adjacent to the site.The Project
would not impact hydrologic conditions,
sedimentation, or erosion. Therefore, the
Projectisconsistentwith PolicyNR 4.3.

NR 4.3 Restore Natural Hydrologic
Conditions. Preserve, or where feasible,
restorenaturalhydrologicconditionssuch
that downstream erosion, natural
sedimentation rates, surface flow, and
groundwater recharge function near
naturalequilibriumstates.

NR 4.4 Erosion Minimization. Require
grading/erosion control plans with
structuralBMPs that prevent or minimize
erosion during and afterconstructionfor
development on steep slopes, graded, or
disturbed areas.

Consistent. As discussed in Section 5.6
of the EIR, Geology and Soils, the
proposed Project would implement a
SWPPP and provide BMPs to reduce or
eliminate soil erosion and the loss of
topsoil during construction. During
operation,onsite drainage features would
be installedthat have been designed to
slow, filter, and slowly discharge
stormwater into the offsite drainage
system. Therefore, the Project would
minimize erosion and would be consistent
with Policy NR 4.3.

Consistent. As discussed in Section 5.14
of the EIR, Transportation, existing
sidewalks are located adjacent to the
Project site,and the Project would install
onsite walkways that would provide for
pedestrian access to and from the site.

NR 6.1
Provide for walkable neighborhoods to
reduce vehicle tripsby sitingamenities
such as services, parks, and schools in
close proximityto residentialareas.

Walkable Neighborhoods.

Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
The Projectis located at the existingNB
Golf Course, \A/hich is a commercial
recreation land use that is located along
an arterialroadway near the freeways, but
also, in close proximityto retailservices
(across IrvineAvenue) and residential
areas within the City. Therefore, the
Projectisconsistentwith PolicyNR 6.1.

Consistent. As discussed in Section 5.14
of the EIR, Transportation,bike lanes and
sidewalks currentlyexist adjacent to the
Project site.The Project would provide
onsite pedestrian walkways that would
connect to the offsite sidewalks and
bicycle parking facilities.Therefore, the
Projectsupports these alternativemodes
of transportationand is consistent with
PolicyNR 6.4.

NR 6.4 Transportation Demand
Management Ordinance. Implement the
Transportation Demand Management
(TDM) Ordinance, which promotes and
encourages the use of alternative
transportationmodes and provides those
facilitiessuch as bicyclelanes thatsupport
such alternate modes.

Consistent. As discussed in Section 5.2
of the EIR, Air Quality,constructionof the
Project would implement all related
SCAQMD Rules for reduction of source
emissions. Therefore, the Project is
consistentwith Policy NR 7.2.

NR 7.2 Source Emission Reduction
Best Management Practices. Require
the use of Best Management Practices
(BMP) to minimize pollutionand to reduce
source emissions.

Consistent. As discussed in Section 5.2
of the EIR, Air Quality, the proposed
Projectwould implement SCAQMD Rule
403 regarding constructiondust and Rule
1113 regarding the use of low VOC
architectural coatings. Therefore, the
Projectisconsistentwith PolicyNR 8.1.

NR 8.1 Management of Construction
Activities to Reduce Air Pollution,
Require developers to use and operate
construction equipment, use building
materials and paints, and control dust
created by construction activitiesto
minimize airpollutants.

Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, the
proposed Projectwould be consistentwith
the Orange County Natural Communities
Conservation Plan as the Project site is
listedas a development site and is not
located within a Habitat Reserve System.

Therefore, the Project is consistent with
Policy NR 10.2.

NR 10.2 Orange County Natural
Communities Conservation Plan.

Comply with the policiescontained within
the Orange County Natural Communities
Conservation Plan.

Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, a
biological resources assessment was
NR 10.3 Analysis of Environmental
Study Areas. Require a site-specific
survey and analysis prepared by a
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
conducted and is included as Appendix C
to the EIR which included a survey forESA
listedspecies on the Project site.The
Project sitedoes not contain and is not
adjacent to any ESAs. Therefore, the
Projectisconsistentwith PolicyNR 10.3.
qualifiedbiologistas a filingrequirement
for any development permit applications
where development would occur withinor
contiguous to areas identifiedas ESAs.

Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, the
Projectsitedoes not includeany sensitive
or rare resources. However, the western
yellow bat has a low potentialto roost in
ornamental trees,includingpalms, on the
Projectsite.Also,the Projectsiteprovides
suitableforaging,breeding, and roosting
habitat for bird and raptor species.

Therefore,MitigationMeasures BIO-1 and
BIO-2 would ensure that there are no
significantimpacts to nesting birds or
roostingbats onsite.Therefore,the Project
isconsistent with Policy NR 10.4,
NR 10.4 New Development Siting and
Design. Require thatthe sitingand design
development,
landscaping and public access, protect
sensitive or rare resources against any
significantdisruptionof habitatvalues.
includingof new
Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, the
Project site does not include any
significantor rare biologicalresources.

However, the western yellow bat has a low
potential to roost in ornamental trees,
includingpalms, on the Projectsite.Also,
the Projectsiteprovidessuitableforaging,
breeding, and roosting habitat for birds
and raptor species. Therefore, Mitigation
Measure BIO-1 and BIO-2 would ensure
that there are no significantimpacts to
biological resources. Therefore, the
Projectisconsistentwith PolicyNR 10.4.

NR 10.5 Development in Areas
Containing Significant or Rare
Biological Resources. Limituses within
an area containing any significantor rare
biologicalresources to only those uses
that are dependent on such resources,
except where application of such a
limitationwould resultina takingof private
property.Ifapplicationof thispolicywould
likely constitute a taking of private
property,then a non-resource-dependent
use shall be allowed on the property,
provided development is limitedto the
minimum amount necessary to avoid a
taking and the development is consistent
with all other applicable resource
protection policies. Public access
improvements and educational,
interpretativeand research facilitiesare
considered resource dependent uses.

Consistent. As discussed in Section 5.3
of the EIR, Biological Resources, the
Upper Newport Bay Nature Preserve and
Ecological Reserve (“Upper Newport
NR 10.6 Use of Buffers. Maintain a buffer
of sufficientsize around significantor rare
biologicalresources, ifpresent,to ensure
the protectionof these resources. Require
City of Newport Beach
Relevant General Plan Policies Project Consistency
the use of native vegetation and prohibit
invasive plant species \A/ithinthese buffer
areas.

Bay”) is located approximately 0.3 miles
south ofthe Projectsite.The area between
the Project siteand Upper Newport Bay
contains a hillwith existing recreational
and residentialland uses which provides a
buffer.Therefore, the Project would not
resultin substantialdrainage, lighting,or
noise impacts to the Upper Newport Bay.

Therefore, the Project is consistent with
Policy NR 10.6.

NR 10.7 Exterior Lighting. Shield and
direct exterior lighting away from
significantor rare biologicalresources to
minimize impacts to wildlife.

Consistent. While there are no significant
or rare biologicalresources on or adjacent
to the site,the proposed Project would
shieldand directlightaway from potential
offsite
compliance with Municipal Code Section

20.30.070 (Outdoor Lighting).Therefore,
the Project is consistent with Policy NR

10.7. sensitive species through
NR 18.1 New Development. Require new
development to protect and preserve
paleontological and archaeological
resources from destruction, and avoid and
minimize impacts to such resources in
accordance with the requirements of
CEQA. Through planning policies and
permit conditions,ensure the preservation
of significant archeological and
paleontologicalresources and requirethat
the impact caused by any development be
mitigated inaccordance with CEQA.

Consistent. As discussed in Section 5.4
of the EIR, Cultural Resources, and
Section 5.6 of the EIR, Geology and Soils,
both archeological and paleontological
resource
(included as Appendix E and Ito the EIR,
respectively).MitigationMeasures CUL-1,
CUL-2, and PAL-1 were included to
provide for monitoring during construction
and excavation activities that would
reduce potentialimpacts to archeological
and paleontological resources to a less
than significant level. Therefore, the
Projectisconsistentwith Policy NR 18.1.
studies were conducted
NR 18.3 Potential for New Development
to impact Resources. Notify cultural
organizations, including Native American
organizations,of proposed developments
that have the potentialto adversely impact
cultural resources. Allow qualified
representativesof such groups to monitor
grading and/or excavation of development
sites.

Consistent. In accordance with AB 52 and
SB 18, the City sent lettersto 20 Native
American representatives identifiedby
NAHC, notifyingthem of the proposed
Project. Agency to agency consultation
occurred between the City and two tribes,
who stated that they have cultural
affiliationwith the Project region. While
none of the tribes presented substantial
evidence indicating that tribal cultural
resources are present on the site.

Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
MitigationMeasures TCR-1 through TCR-
3 have been included to provide forNative
American monitoring on the site during
grading and excavationactivitiestoensure
that significantimpacts to tribalcultural
resources would not occur. Therefore, the
ProjectisconsistentwithPolicyNR 18.3.

Consistent. As discussed in Section 5.4
of the EIR, Cultural Resources, and
Section 5.6 of the EIR, Geology and Soils,
MitigationMeasures CUL-1, CUL-2, and
PAL-1 provide for archeological and
paleontologicalmonitoring on the site
during grading and excavation activities,
which includes potential donation of
materials and curation at scientific
institutions.Therefore, the Project is
consistent with Policy NR 18.4.

NR 18.4 Donation of Materials. Require
new development, where on site
preservation and avoidance are not
feasible,to donate scientificallyvaluable
paleontological
materialsto a responsiblepublicor private
institutionwith a suitable repository,
located within Newport Beach or Orange
County, whenever possible.
archaeologicalor
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, none of the
adjacent roadways feature long range
view of scenic vistas such as the Upper
Newport Bay Preserve. The Upper
Newport Bay Preserve can be seen from
IrvineAvenue south of UniversityDrive,as
shown in General Plan Figure NR-3. The
Project would not result in significant
impacts to significantscenic and visual
resources from public vantage points.

Therefore, the Project is consistent with
Policy NR 20.1.

Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, the proposed
Projectsiteisdeveloped withthe NB Golf
Course and is mostly covered with both
natural and artificialgrasses and
ornamental vegetation. The proposed
Project would include landscaping that
utilizesnative draught tolerantvegetation
and would provide new landscaping along
the IrvineAvenue and Mesa Drive right-of-
way. The proposed Project would not
encroach upon public view corridors.

NR 20.1 Enhancement of Significant
Resources. Protect and, where feasible,
enhance significantscenic and visual
resources that include open space,
mountains, canyons, ridges,ocean, and
harbor from public vantage points, as
shown in Figure NR3.

NR 20.2 New Development
Requirements,
development to restoreand enhance the
visualqualityin visuallydegraded areas,
where feasible, and provide view
easements or corridors designed to
protectpublicviews or to restorepublic
views in developed areas, where
appropriate.

Require new
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
Therefore, the Project is consistent with
Policy NR 20.2.

Consistent. As discussed in Section 3.0
ofthe EIR, ProjectDescriptionand Section

5.1, Aesthetics, the Project includes
installationof new landscaping along the
IrvineAvenue and Mesa Drive right-of-way
and along both driveway entrances to the
site.The new landscaping would frame
and accent driveway entrances, and would
screen views of the proposed parking
areas, PV solar canopies, and proposed
buildingstructuresto minimize impacts to
public views. Therefore, the Project is
consistentwith PolicyNR 20.4.

ViewPolicy NR 20.4.

Corridor Landscaping. Design and site
new development, includinglandscaping,
on the edges of public view corridors,
including those down public streets,to
frame, accent, and minimize impacts to
publicviews.

Public
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, the Project site
does not includeany cliffs,canyons, bluffs,
significantrock outcroppings; and thus,
these types of natural topographic
features would not be impacted from
implementation of the Project.The Project
does involvegrading of the site;however,
as detailed in Section 5.1 of the EIR,
Aesthetics, the natural southwestward
slope of the sitewould as viewed from
Mesa Drive would remain with
implementation of the Project.Therefore,
the Project is consistentwith Policy NR

23.1. ofPolicy NR 23.1
Natural Topography. Preserve cliffs,
canyons,
outcroppings, and site buildings to
minimize alteration of the site’s natural
topography and preserve the featuresas a
visual resource.

Maintenance
significant rockbluffs
Consistent. As discussed in Section 5.1
of the EIR, Aesthetics, the Project site
does not include any native vegetation,
rock outcroppings,or coastal resources.

The Projectsiteisdeveloped and contains
ornamental vegetation, and no native
vegetation,rock outcroppings, or coastal
resources would be removed as part of the
Project. Therefore, the Project is
consistent with Policy NR 23.7.

Policy NR 23.7 New Development
Design and Siting.Design and sitenew
development to minimize the removal of
native vegetation, preserve rock
outcroppings, and protect coastal
resources.

Consistent. As discussed in Section 5.5
of the EIR, Energy, the proposed Project
would implement energy efficientpractices
NR 24.2 Energy-Efficient Design
Features. Promote energy-efficient
design features.

Cityof Newport Beach
Relevant General Plan Policies Project Consistency
as outlined in Part 6 of Title 24 of the
CaliforniaCode of Regulations, adopted
by the City in Municipal Code Chapter

15.17, which includes installationof solar
panels on canopies in the parking areas
and on buildingrooftopsto maximize the
use of renewable energy. Therefore, the
Projectisconsistentwith PolicyNR 24.2.

Consistent. As discussed in Section 3.0
of the EIR, Project Description, solar
panels would be installedon buildingtops
and solar canopies over portions of the
parking areas to produce renewable
energy to provide power to the proposed
onsiteoperations.Therefore, the Projectis
consistentwith PolicyNR 24.2.

NR 24.3 Incentives for Green Building
Program Implementation. Promote or
provide incentives for “Green Building”
programs thatgo beyond the requirements
of Title 24 of the California Administrative
Code and encourage energy efficient
design elements as appropriateto achieve
“green building”status.

Safety^Element Ty:V
l£a?^4CiS’K»'^:gi‘
S 4.7 New Development. Conduct further
seismic studies for new development in
areas where potentiallyactive faultsmay
occur.

Consistent. As discussed in Section 5.6
of the EIR, Geology and Soils, a
Geotechnical Exploration was prepared
for the Project site and is included as
Appendix H to the EIR, which determined
that there are no potentiallyactive fault
lines within 500 feet of the Project site.

Therefore,the Projectwould be consistent
with Policy S 4.7.

Consistent. The Projectsiteisnot located
within a 100-year floodplain.The Federal
Emergency Management Agency (FEMA)
Flood Zone Map 06059C0267J identifies
that the Project site is located in Flood
Zone X, which are areas that are
determined to be outside of the 0.2%
annual chance of flooding.In addition,the
proposed Project would installan onsite
drainage system thatwould be connected
to the existingdrainage channel that is
adjacent to the site.Therefore,the Project
would be consistentwith PolicyS 5.1.

S 5.1 New Development Design within
100-year Floodplains. Require that all
new development within 100-year
floodplains incorporate sufficient
measures to mitigate flood hazards
including the design of onsite drainage
systems thatare connected with the City’s
storm drainage system, gradation of the
site such that runoff does not impact
adjacent properties,and buildings are
elevated.

Consistent. As discussed in the previous
response, the Project site is not located
within a flood zone. Section 5.8 of the EIR,
Hazards and Hazardous Materials, details
S 5.2 Facility Use or Storage of
Hazardous Materials Standards.

Require that all new facilitiesstoring,
using, or otherwise involved with
Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
thatthe proposed Projectwould not use or
store substantialquantitiesof hazardous
materials and would comply with all
required standards regarding the use,
storage, and transportationof the limited
quantities of hazardous materials that
would be used by the Project.Therefore,
the Projectwould be consistentwith Policy
S 5.2.
substantialquantitiesof onsite hazardous
materials within flood zones comply with
standards of elevation, anchoring, and
flood proofing,and hazardous materials
are stored inwatertightcontainers.

Consistent. As discussed in Section 5.9S 5.3 Minimization of Flood Mazard Risk. Require stormwater detention
basins, where appropriate,to reduce the
potentialriskof flood hazards.
of the EIR, Hydrology and Water Quality,
the Projectwould utilizemodular wetland
systems and bioretentionbasins which
would collect flows, filter,and then direct
runoff into the Santa Ana Delhi Channel,
which is adjacent to the site.The Project
would not resultin a potentialflood risk,
and the Projectisconsistentwith Policy S

5.3. Consistent. As discussed in Section 5.8
of the EIR, Hazards and Hazardous
Materials, a Phase IIEnvironmental Site
Assessment (Appendix L to the EIR) was
conducted on the Project site, which
included soils sampling, determined that
there were no levels of herbicides,
organochlorine pesticides, or Per- and
polyfluoroalkyl
detected above laboratoryreportinglimits.

Therefore, the Projectwould be consistent
with Policy S 7.1.

S 7.1 Known Areas of Contamination.

Require proponents of projectsin known
areas of contamination from oiloperations
or other uses to perform comprehensive
soil and groundwater contamination
assessments in accordance with American
Society for Testing and Materials
standards, and ifcontamination exceeds
regulatory action levels, require the
proponent to undertake remediation
procedures prior to grading and
development under the supervisionof the
County Environmental Health Division,
County Department of Toxic Substances
Control,or Regional Water QualityControl
Board (depending upon the nature of any
identifiedcontamination).
(PFAS)substances
Consistent. As detailed in Section 5.8 of
the EIR, Hazards and Hazardous
Materials,the Project site is not located
within the Methane Gas MitigationDistrict
as defined and listedin Municipal Code
Section 15.55.030. Therefore, the Project
isconsistentwith PolicyS 7.2.

S 7.2 Development Design within
Methane Gas Districts.Ensure that any
development within identifiedmethane
gas districtsbe designed consistentwith
the requirements of the Newport Beach
Municipal Code.

Cityof Newport Beach
Project ConsistencyRelevant General Plan Policies
Consistent. As discussed in Section 5.9
of the EIR, Hydrology and Water Quality,
the proposed Projectwould implement a
SWPPP and a WQMP that would provide
BMPs to reduce or eliminate
contamination to surface water or
groundwater resources. Onsite drainage
features would be installed that have been
designed to slow and filterstormwater
priorto discharge to reduce runoff and
prevent transportof pollutants.Therefore,
the Projectisconsistentwith PolicyS 7.4.

S 7.4 Implementation of Remediation
Efforts. Minimize the potentialrisk of
contamination to surface water and
groundwater resources and implement
remediation efforts to any resources
adversely impacted by urban activities.
•V'
Noise Element
Consistent. As discussed in Section 5.11
of the EIR, Noise, the proposed Project is
compatible with the exterior noise
environment and would not require
implementation of mitigationmeasures. In
addition,the City’sdevelopment permitting
process would ensure enforcement of the
interior noise standards shown in Table
N3. Therefore, the Project is consistent
with Policy N 1.1.

N 1.1 Noise Compatibility of New
Development. Require that allproposed
projects are compatible with the noise
environment through use of Table N2 and
enforce the interior and exterior noise
standards shown in Table N3.

Consistent. As discussed in Section 5.11
of the EIR, Noise, the Project site is not
directlyadjacentto sensitivereceptorsand
would not result in excessive noise to
sensitive receptors, would not exceed
noise thresholds, and would not resultin a
substantial increase in ambient noise, as
detailed in Section 5.11 of the EIR, Noise.

Therefore, the Project is consistent with
Policy N 1.7.

N 1.7 Commercial/ Entertainment Uses.

Limit hours and/or require attenuationof
commercial/entertainment
adjacent to residentialand other noise
sensitive uses in order to minimize
excessive noise to these receptors.
operations
Consistent. As discussed in Section 5.11
of the EIR, Noise, the proposed Project
would not result in significantimpacts
related to an increase in ambient noise.

Table 5.11-10 and Table 5.11-11 identify
that the Project would generate daytime
ambient noise level increases ranging
from less than 0.1 to 0.8 dBA Leq and
nighttime noise level increases ranging
from less than 0.1 to 2.0 dBA Leq at the
N 1.8 SignificantNoise Impacts. Require
the employment of noise mitigation
measures forexistingsensitiveuses when
a significantnoise impact is identified.A
significantnoise impact occurs when there
is an increase in the ambient CNEL
produced by new development impacting
existing sensitive uses. The CNEL
increase is shown in the table below.

Cityof Newport Beach
Project ConsistencyIRelevant General Plan Policies
nearby receiverlocations,which are less
than the thresholds. Therefore, noise
impacts related to Project operations
would be less than significantand the
Projectisconsistentwith PolicyN 1.8.

Consistent. The Projectsiteisnot directly
adjacentto sensitivereceptorsand would
not result in an exceedance of noise
thresholds or a substantial increase in
ambient noise, as detailed in Section 5.11
of the EIR, Noise. In addition,the Project
would be in compliance with the City’s
municipal code, as verifiedthrough the
City'sdevelopment review and permitting
process, and would obtain use permits as
required,per the detailinSection3.0ofthe
EIR, Project Description.Therefore, the
Projectisconsistentwith PolicyN 4.2.

N 4.2 New Uses. Require that new uses
such as restaurants, bars, entertainment,
parking facilities,and other commercial
uses where largenumbers of people may
be present adjacent to sensitive noise
receptorsobtaina use permitthatisbased
on compliance withthe noise standards in
Table N3 and the City’sMunicipal Code.

Consistent. As discussed in Section 5.11
of the EIR, Noise, construction of the
proposed Project would comply with the
City of Newport Beach Municipal Code
Section 10.28.040 requiringconstruction
activitiesto take place between 7:00 a.m.
and 6:30 p.m. on weekdays and 8:00 a.m.
and 6:00 p.m. on Saturdays. Therefore,
the Projectisconsistentwith PolicyN 4.6.

N 4.6 Maintenance of Construction
Activities. Enforce the Noise Ordinance
noise limits and limits on hours of
maintenance or construction activityin or
adjacent to residentialareas, including
noise that resultsfrom in-home hobby or
work related activities.

Consistent. As discussed in Section 5.1
of the EIR 1, Noise, construction of the
proposed Project would comply with the
City of Newport Beach Municipal Code
Section 10.28.040 requiringconstruction
activitiesto take place between 7:00 a.m.
and 6:30 p.m. on weekdays and 8:00 a.m.
and 6:00 p.m. on Saturdays. Therefore,
the Projectisconsistentwith PolicyN 5.1.

N 5.1 Limiting Hours of Activity.Enforce
the limitson hours of construction activity.

Cityof Newport Beach
EXHIBIT “E

TRIBAL CONSULTATION TIMELINE
Snug Harbor Surf Park TribalConsultation Timeline
June 2024 - City contacts the Native American Heritage Commission (NAHC) requesting a Sacred Lands File(SLF) records search and listoftribesto reach out to forSB 18 purposes.

June 18, 2024 - The NAHC responds with a consultationlistof tribes with traditional lands or culturalplaces located in the Project.The letterstates that the result of the Sacred Lands File (SLF) check was Positiveand to contactthe Gabrieleno/Tongva San Gabriel Band of Mission Indians for more information.

September 19, 2024 - Commence Tribaloutreach process.The City has a completed Project applicationand the Citysends allthe tribeson itsAB 52 listand those identifiedby the NAHC lettersdescribingthe Projectand invitingtribesto request consultationper AB 52 / SB 18.

September 25, 2024 - The Gabrieleno Band of Mission Indians - Kizh Nation sends a letter in response statingthatthe ProjectlocationiswithintheirAncestral TribalTerritory;and the Tribal Government requests to schedule a consultationto discuss the Project and the surrounding location in further detail.

October 14, 2024 - The Cityresponds to the Gabrieleno Band of Mission Indians - Kizh Nation requestforconsultationviaemail and setsa meeting for November 5, 2024 at 1;00 p.m.

November 4, 2024 - The Cityreceivesan email from the Gabrieleno Band of Mission Indians - Kizh Nation rescheduling the November 5,2024, meeting due to Chairman illness,and states that the Tribal Chairman is unavailable for the rest of November. The City responds to email and agrees to an email consultationdue to tribeunavailabilityand requests tribeto forward tribal informationregardingthe Projectlocationor site.

January 9, 2025 - Cityemails Gabrieleno Band of Mission Indians - Kizh Nation follow up and requests tribalinformation and preferred mitigation.The tribe responded by providing their standard mitigationmeasures.

January 17, 2025 - Cityemails GabrielenoBand of Mission Indians - Kizh Nation and accepts theirrecommended mitigationmeasures and closes consultation.

February 3, 2025 - Email receivedfrom GabrielinoTongva Indians of California,forwarding an sent email sent on September 26, 2024 (thatwas not previouslyreceived by the City)requesting consultation.

February 18, 2025 - Cityhas a consultationcallwiththe GabrielinoTongva Indiansof California who assert ancestraltiesto the Newport Beach and back bay area and the City requested that the tribeprovidesubstantialevidence to meet AB 52 / SB 18 and CEQA criteria.

February 21, 2025 - City emails GabrielinoTongva Indians of Californiaproposed mitigation providingforconsultingtribesto monitor excavation of native soilsonsite.The Gabrielino Tongva City of Newport Beach
Indians of Californiaagrees to proposed mitigationand provides substantialevidence of the Tongva Villagesiteof Genga by Newport Bay and relatedtribal resources.

February 24, 2025 - City emails GabrielinoTongva Indians of Californiaacknowledges their agreement on the proposed mitigationmeasures formonitoringand closingconsultationwith the tribe.

May 16, 2025 - City emails the Gabrieleno Band of Mission Indians - Kizh Nation providing notificationthat as the Lead Agency, the City has modified the mitigationmeasures previously provided by the Kizh Nation in response to a request for consultation from another California Native American Tribe that is recognized by NAHC and eligibleto engage in consultationfor purposes of SB 18 and AB 52.

The Gabrieleno Band of Mission Indians - Kizh Nation responded to the City’semail statingtheir objectionand statingthatdeterminationof tribalancestry is based on substantialevidence of traditionaland culturalaffiliationto the land inquestion and statesthatthe Tongva have no direct historical,ancestral,or culturaltiesto the Newport Beach.

June 4, 2025 - The City sends a response letterto Gabrieleno Band of Mission Indians - Kizh Nation responding to theirobjectionstatingthatthe GabrielinoTongva Indians of Californiatribe providedthe Citywithsubstantialevidence identifyingthatthe Projectarea iswithintheirAncestral TribalTerritory.The SLF search completed forthe Project by the NAHC resultedin a positive findingthatthe siteiswithintraditionallands or culturalplaces forthe Gabrieleno/Tongva San Gabriel Band of Mission Indians.As recentlyas 2023, the NAHC identifiedthe GabrielinoTongva Indians of California as a Native American Tribe that is traditionallyor culturallyaffiliatedwith Orange County and the Projectarea.Therefore, in response to the findingsof the SLF search and SB 18 and AB 52 consultationprocesses, which identifythatmore than one tribemay have resources withinthe Projectarea, the City as Lead Agency has determined that the mitigation measures thatare modified from those provided previouslyby Kizh Nation shallbe applicableto the Project.The letterfurtherstatesthatthe City understands that the Kizh Nation would like to be the soletribemonitoringthe Projectground-disturbingactivity.SB 18 and AB 52 simply prevent the Cityfrom feasiblyreachingthatconclusiongiven the informationprovided by the NAHC and the substantialevidence presented by Gabrielino Tongva Indians of Californiaregarding that tribe’s traditional and cultural affiliationto the Project site.

June 5, 2025 - Cityreceivesobjectionletterfrom the Gabrieleno Band of Mission Indians - Kizh Nation objectingto the response to the previous objection.The letterstatesthatthe City’srecent unilateralactions to revise and dilutethe agreed-upon significantmitigationmeasures constitute multiplelegalviolationsunder AB 52, SB 18, and CEQA. The letterstates that itis not legally permissibleto altermitigationprotocolsinresponse to late letters from unrelated entities that offer no verifiablearchaeological,historical,or ethnographic evidence of ancestral affiliation.The letter furtherstatesthatThe City’sconsiderationof outsideentitiesthat have not been historicallytied to the area is in violation of this statute.

June 23, 2025 - The City attorney sends a letterto the Gabrieleno Band of Mission Indians - Kizh Nation responding to the June 5 letterreceived statingthatthe Citydisputes allegationsthat the Cityisinviolationof AB 52 and SB 18 and reiteratesthat the Kizh Nation is able to monitor ground disturbance and consult regarding any resources are discovered. The letter details the City’scompliance with AB 52, SB 18, and the recent Koi Nation Decision.

Cityof Newport Beach
September 3,2025 - Cityreceivesan email from the Chairman ofthe Kizh Nation to Cityfollowing up on June 5 correspondence statingthatthey have not received a response. The letterobjects to any changes to the mitigationmeasures the tribeprovided and statingthatthe changes are a violationof AB 52 and the tribewillrequest avoidance and oppose the Project.

September 4, 2025 - The Cityresponds to the Gabrieleno Band of Mission Indians - Kizh Nation email from September 3 and re-sends the City’sletterfrom June 23, 2025.

September 23, 2025 - CityrepresentativeforProjectcallstribeChairman to discuss a potential monitoring agreement forthe Project.

Cityof Newport Beach